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HomeMy WebLinkAboutMINUTES-07/12/2016-AdjournedJuly 12, 2016 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government Adjourned Meeting — 6:00 PM •:ROLL CALL PRESENT:, Martinez, Stephens, Overbeck, Campana, Troxell, Horak . ABSENT: Cunniff Staff present: Atteberry, Daggett, Nelson Consideration of an Appeal of the Administrative Hearing Officer Decision Regardinq the Maple Mixed Use PDP. (Hearing Officer Decision Overturned) The purpose of this item is to consider an Appeal of the Administrative Hearing Officer decision dated April 25, 2016, denying the 320 Maple Mixed Use Project Development Plan. On May 9, 2016, Ian Shuff, Architect with the firm ALM2S, filed a Notice of Appeal on grounds that the Hear Officer made the following errors: • Failure to properly interpret and apply relevant provisions of the Land Use Code (LUC), particularly LUC Sections 3.4.7, 3.5.1, 2.8, and 4.16(1))(5)(e); and • Consideration of evidence relevant to _its findings which was substantially false or grossly misleading. Mayor Troxell introduced the item. Councilmembers Campana and Martinez disclosed they know multiple individuals involved in the appeal; however, they did not declare a conflict of interest. City Attorney Daggett outlined the appeal process. The parties -in -interest on both side of the appeal identified themselves. Tom Leeson, Director of Community Development and Neighborhood Services, discussed the proposed project, a mixed -use building at the' southeast corner of Maple and Meldrum, noting mixed -use developments are encouraged within the Downtown zoning district. This block has a three. to four story height limit which reflects a transition to the Neighborhood Conservation Buffer zone. The most prominent topic of discussion in the original hearing was the relationship of the proposed project to the Browns on Howes townhome development which is currently nearing completion. The Hearing Officer found that the proposed project does not comply with Land Use Code sections 3.4.7 and 3.5.1 which deal with compatibility of new developments within the neighborhood context. The applicants appealed the decision based on two allegations: the information presented at the hearing was substantially false and grossly misleading and the Hearing Officer failed to properly interpret and apply the relevant provisions of the Land Use Code. Mayor Troxell stated he and Councilmembers Overbeck and Campana made a site visit. Councilmember Overbeck stated he asked questions about nearby historic homes and heights of surrounding buildings. He also asked about the date of the application for the historic district. City of Fort Collins Page 41 July 12, 2016 '' Councilmember Campana stated they walked the property boundary and located property pins on the east side of the project. Mayor Troxell stated they took in the context of the surrounding area. _ Leeson stated Councilmembers asked about the width of the alley and the location of the parking garage entrance. In response to other questions, the trees along Meldrum will remain; there is one additional historic property located at the north end of the alley facing Cherry Street that was' not considered to be in the area of adjacency; and the application for the proposed historic district was submitted about a year and a half ago. Mayor Troxell requested input on procedural issues from parties -in -interest. Lucia Liley, attorney for the applicant/appellant, stated she had proposed a potential different process regarding the false and misleading allegation which might avoid a remand; however, as the Mayor opted to stay with the regular process, she requested the opportunity to address Council on some procedural aspects relating to a remand decision should Council opt for that direction. APPELLANT PRESENTATION Ms. Liley discussed the proposed project noting the site is a targeted redevelopment site. A similar project was previously approved on the site, though it was never built. The Landmark Preservation Commission unanimously recommended appropriate compatibility of the project. Ms. Liley alleged the Hearing Officer's conclusions contained no analysis of the underlying Code provisions and little or no reference to any evidence.. „ Ian Shuff, project architect, discussed the ways in which this project provides compatibility with the existing neighborhood and does not negatively affect the Browns on Howes project. OPPONENT PRESENTATION Robin Bachelet,. Browns on Howes developer, discussed the Hearing Officer's findings of incompatibility due to height, mass and design and detailed the parking access for her project which she believes set an enhanced standard for parking and circulation. She expressed concern regarding the number of cars that will be added to the alley area from the proposed project and requested the enhanced standard set by the Browns on Howes project be followed. Ms. Bachelet expressed concern regarding views from outdoor spaces at her project being blocked by the proposed project. Christian Bachelet, Browns on Howes developer, stated Browns on Howes would not have been built if the proposed project had been built first, therefore setting the enhanced standard for the block. Dave Phillips, Browns on Howes builder, stated he was involved`in many of the early planning meetings for the Browns project during which City staff stated this was the best use imaginable for the site. City of Fort Collins Page 42 .;! July 12, 2016 APPELLANT REBUTTAL Ms. Liley stated parking,and circulation were not part of the Hearing Officer's denial and are not part of the appeal, nor is project size the issue, but rather the mitigation of size effects. She argued enhanced standard relates to architecture only and cited information from the Landmark Preservation Commission which encouraged the use of less brick and more lap siding. Mr. Shuff argued there are no obstructed views to the west from the Browns on Howes project as the projects are diagonal from one another and do not overlap. Anthony McNeil supported the project as a large improvement over the existing status of the area. He urged Council to overturn the Hearing Officer's denial. The appellant requested to be allowed to submit letters in support of the project from neighbors and the opponents accepted their submission. Nick Haas, Northern Engineering, supported both the proposed project and the Browns on Howes project as adding to a vibrant and enhanced downtown. Bob Long supported organized transitions from greater density to less density and supported the proposed project. .. , Jim Buff ill, historic district applicant, stated the applicants have worked through the Landmark Preservation Commission process to improve the visual transition to his property:. Gregory Glebe, 325 Cherry Street developer, supported the proposed project OPPONENT REBUTTAL Ms. Bachelet stated the Code refers to "enhanced standard" rather than "enhanced architecture's. She agreed the site needs to be redeveloped but additional work could be done on stepbacks and compatibility. COUNCIL DISCUSSION. Councilmember Martinez asked about the statement made that staff assured the Browns on Howes developers they would have unobstructed views to the west. Clark Mapes, City Planner, replied staff is unsure what those statements would be referencing and any implication that this project would be two stories or less cannot be recalled. ' Councilmember Martinez asked if staff believes views to the west will be obstructed. Mapes replied in the negative, stating the Browns project currently looks over an existing single-family house and its backyard. Mayor Troxell requested staff input regarding the enhanced standard. Mapes replied the proposed project uses high quality materials and noted the 9-foot setbacks are behind the right- of-way lines; therefore, the setbacks are actually 12 and 14 feet including the landscape area. Staff is of the opinion that this project meets the enhanced standard criieria. City of Fort Collins Page 43 July 12, 2016 Councilmember Stephens requested an explanation of lap siding and clarification as to whether or not metal siding will be used. Mapes replied there will be no metal siding and the lap siding is the equivalent of clapboard siding but is made out of cement fiber. Councilmember Campana made a motion, seconded by Mayor Pro Tem Horak, that Council find the Hearing Officer conducted a fair hearing in her, consideration of the Maple Mixed -Use project and did not consider evidence relevant to. her decision that was substantially false or grossly misleading. Councilmember Campana agreed that some. comments made during the hearing may have been misleading; however, there is no evidence the decision was based upon those comments. The vote on the motion was as follows: Yeas: Campana, Horak, Troxell, Overbeck, Stephens and Martinez. Nays: none. THE MOTION CARRIED. Councilmember Campana made a motion, seconded by Councilmember Stephens, to overturn the decision of the Hearing Officer denying approval of the Maple Mixed -Use project because she failed to properly interpret and apply sections 3.4.7 and 3.5.1 of the Land Use Code and to overturn the decision of the Hearing Officer denying the modification of standard based on the findings of fact in the staff report for the original hearing and this appeal. City Attorney Daggett suggested Council specifically find the modification of standards to be approved. Councilmember Campana replied that was his intention. Councilmember Campana stated this is exactly the type of project desired for this location and questioned why it was denied. Councilmember Stephens agreed with Councilmember Campana and accepted the modified language as proposed by City Attorney Daggett. Mayor,Pro Tem Horak requested staff explain how the building and project is compatible with the surrounding buildings and projects. Mapes replied the pedestrian perspective from the sidewalk is considered first. In this case, materials utilized are an obvious reference to the houses in the neighborhood. The long wall faces on Cherry Street Lofts are about as long as the long faces on the proposed building and the project as a whole will have a similar effect to the other large buildings on the block. Mayor Pro Tem Horak stated the conclusions made by the Hearing Officer were clear; however, their basis was not. Councilmember Stephens requested additional microphones be added to the room in which hearings are held. City Attorney Daggett read the entire motion ,as follows: "I move to overturn the decision of the Hearing Officer denying approval of the Maple Mixed -Use project because she failed to properly interpret and apply the following Land, Use code provisions: Section 3.4.7 regarding historic and cultural resources, Section 3.5.1 regarding building and project•compatibility, Section 2.8 and Section 4.16(d)(5)(e) regarding modification of standard and exterior building materials, and City of Fort Collins Page 44 July 12, 2016 hereby find that said requirements are met by the project consistent with the findings stated in the staff report for the administrative hearing, and further find that the modification of the exterior building materials standard shall be approved because it is not detrimental to the public good and the plan as proposed will promote the general purpose of the exterior building materials standard equally well or better than what a complying plan would because it relates well to the wood siding on the houses found in the adjacent area." RESULT: HEARING OFFICERE DECISION OVERTURNED [UNANIMOUS] MOVER: Gino Campana, District 3 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Horak ABSENT: Cunniff 2. Consideration of a Motion to Support the Nomination Application of Mayor Pro Tem Horak to the United States Department of Transportation Advisory Committee on Transportation and Tourism Infrastructure. (Adopted) The purpose of this item is to propose a motion in order to support the nomination application of Mayor Pro Tem Gerry Horak to the US Department of Transportation's Advisory Committee on Transportation and Tourism Infrastructure. This advisory committee. is comprised of ,25 representatives from around the nation and advises the Secretary of Transportation ,on matters, pertaining to the role of intermodal transportation in facilitating mobility related to travel and tourism activities. Councilmember Oveibeck made a motion, seconded by Councilmember Stephens, to nominate Mayor Pro Tem Horak to represent the City on the U.S. Department of Transportation National Advisory Committee on Tourism and Travel. Councilmember Stephens requested information about, the Committee. Mayor Pro Tem Horak replied the Committee looks at transportation along with tourism, safety and other things at the national level. Councilmember Campana supported the nomination and commended Mayor Pro Tem Horak's work on the topic. RESULT: ADOPTED [UNANIMOUS] MOVER: Bob Overbeck, District 1 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Horak ABSENT: Cunniff • OTHER BUSINESS Mayor Pro Tem Horak received Council support to receive feedback regarding improving the analyses completed by Hearing Officers. He asked how Hearing Officers are evaluated and reviewed and requested information regarding how many Type I versus Type II hearings occur and how many of each get appealed. City of Fort Collins Page 45 W July 12, 2016 City Manager Atteberry asked if this is an isolated incident or more general concern. Mayor Pro Tern Horak replied the Hearing Officer had very few questions to analyze and he,questioned the details of providing feedback to the Hearing Officers. Councilmember Martinez requested future clarification of the term "substantially false and grossly misleading". City Attorney Daggett replied staff will follow up on the question. • ADJOURNMENT The meeting adjourned at 7:45 PM. SEAL; ATTEST: C Mayor a (/V W City Clerk City of Fort Collins Page 46